Key issues in divorce resolution

Divorce laws vary by state. Minnesota is a “no fault” state meaning that there is no requirement to show that a spouse is the reason why a marriage is ending. The divorce laws are complex and an attorney can guide you through the process. Here are some common issues divorcing couples can expect to be addressed.

Residency requirement and filing

Minnesota law requires a six-month minimum residency for one of the spousal partners. As you move forward, you will need to create and sign an agreement, which specifies the terms of divorce. Creating a divorce agreement can take as little as a month if the divorce is uncontested and over a year if the divorce is contested.

Property division

Though division of assets can be a painful process, Minnesota mandates a fair and equitable distribution of property between spouses. The court considers a number of factors in dividing marital property. Some of these relate to the assets themselves, including personal possessions, home ownership and savings accumulated during marriage. The assets acquired during the marriage will be divided fairly and equitably regardless of who earned more income during the marriage. A spouse’s non-marital assets should also be considered when assets are being distributed between a husband wife.

Child custody

When children are involved, divorce gets a bit more complicated. Minnesota has the child’s best interest in mind. In order to determine custody orders, judges will evaluate a number of factors such as the child’s mental and physical needs, parent’s physical and mental health, and history of each parent’s participation in caring for the child. The court also considers the parent’s relationship with one another and how a parent supports the child in having a relationship with the other parent.

Child support

In Minnesota, parents are legally obligated to support their minor children. The amount of child support is based on the gross income of both parties and the time they each have with a child.


A judge may award one spouse either temporary or permanent spousal support. In reaching this decision, the judge considers an array of factors including the length of marriage and each spouse’s existing assets and earning ability. In some cases, one spouse may need time to acquire additional education or training in order to support him or herself and maintain the standard of living that they experienced during marriage.

Get the support you deserve

At Dunlap & Seeger, P.A. you will find a compassionate ear and sustained support throughout the duration of your case. Our firm has served families in southeastern Minnesota for three-quarters of a century and we are dedicated to minimizing your divorce pains, both personal and financial. Contact us at 507-316-0628 or toll free at 800-636-2689.

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